Establishing commercial shops on the edge of a cemetery
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Fatwa No. ( 21234 )
Praise be to Allah alone, and may peace and blessings be upon the one after whom there is no prophet. After that: The Permanent Committee for Scholarly Research and Ifta has reviewed what was sent to His Eminence the Grand Mufti from the questioner: the Chairman of the Board of Directors of the Charitable Society in Darin, which was referred to the Committee by the General Secretariat of the Council of Senior Scholars with number (5743) and date 22/11/1420 AH. The questioner asked a question, the text of which is as follows: We hope you will issue a ruling on establishing commercial shops on the edge of the large cemetery in the town of Darin, on the southern and western sides, where main commercial streets surround the cemetery. We considered utilizing these two sections so that their financial income would be for the benefit of repairing and maintaining the mosque and the cemetery in the town only. It is known that there are no graves under these two sections, according to the attached minutes signed by the elders of the town. Also, when the municipality fenced the cemetery, it left a space between the fence and the graves, which is the required location. Furthermore, the cemetery is large and can accommodate many dead, and taking these two locations does not affect its area. May Allah reward you and benefit Islam and Muslims through you.
After the Committee studied the question, it answered that it is not permissible to cut off any part
of the cemetery land for the purpose mentioned or any other purpose, whether there are graves in it or not. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
Praise be to Allah alone, and may peace and blessings be upon the one after whom there is no prophet. After that: The Permanent Committee for Scholarly Research and Ifta has reviewed what was sent to His Eminence the Grand Mufti from the questioner: the Chairman of the Board of Directors of the Charitable Society in Darin, which was referred to the Committee by the General Secretariat of the Council of Senior Scholars with number (5743) and date 22/11/1420 AH. The questioner asked a question, the text of which is as follows: We hope you will issue a ruling on establishing commercial shops on the edge of the large cemetery in the town of Darin, on the southern and western sides, where main commercial streets surround the cemetery. We considered utilizing these two sections so that their financial income would be for the benefit of repairing and maintaining the mosque and the cemetery in the town only. It is known that there are no graves under these two sections, according to the attached minutes signed by the elders of the town. Also, when the municipality fenced the cemetery, it left a space between the fence and the graves, which is the required location. Furthermore, the cemetery is large and can accommodate many dead, and taking these two locations does not affect its area. May Allah reward you and benefit Islam and Muslims through you.
After the Committee studied the question, it answered that it is not permissible to cut off any part
of the cemetery land for the purpose mentioned or any other purpose, whether there are graves in it or not. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.